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Judgment
The present writ petition has been filed under Article 226 of the Constitution of India, praying that the services rendered by the petitioner in rural / urban area be considered as three years experience in rural area to enable the petitioner to participate in the counselling for admission to Post Graduation Course.
Briefly stated, the petitioner was appointed as Medical Officer on 19.9.2008 upon the recommendation made by Rajasthan Public Service Commission. The petitioner was initially posted at Community Health Center, Pander, District Bhilwara situated in rural area. Till 27.10.2009, the petitioner discharged his duties at Pander, Bhilwara, which is a rural area. On 27.10.2009, the petitioner was transferred from Community Health Center, Pander, Bhilwara to Community Health Center, Pipalu, District Tonk, against the vacant post.
It is averred by the petitioner that on 4.11.2010, the State Government transferred the petitioner from Community Health Center Pipalu, District Tonk to Community Health Center, Malpura, Tonk against the vacant post of Medical Officer.
A grievance has been made that the petitioner never made a request that he be posted at Community Health Center, Malpura, Tonk. Therefore, even though Malpura, Tonk is an urban area, same be considered as rural area so far grant of admission to the petitioner to Post Graduation Course as In-service candidate is concerned.
It may be noted here that three years' service in rural area as Medical Officer is pre-requisite for In-service candidate for grant of admission in a Post Graduation Course. Admittedly, as on today, the petitioner has not rendered three years rural service.
Merely because the petitioner by the Government was posted in urban area, in itself is not sufficient to hold that the petitioner has completed three years service in rural area. The petitioner having enjoyed posting at urban area cannot say that his services in urban area be construed as service in rural area.
At this stage, the learned counsel for the petitioner has contended that against his posting in urban area, he had filed a representation but the same was not decided.
Mere filing of the representation is not sufficient. The petitioner had not followed the representation in right earnest and had not approached this court at that stage.
In view of above, the present writ petition being devoid of merit is dismissed.
Upon dismissal of the writ petition, the stay application does not survive and the same also stands dismissed.